Enacts the "first responders assault prevention act" which increases the offense classification for assault on a peace officer, police officer, firefighter or emergency medical services professional from a class C felony to a class B felony.
STATE OF NEW YORK
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8873
IN SENATE
January 13, 2026
___________
Introduced by Sen. RHOADS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to enacting the "first
responders assault prevention act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "first responders assault prevention act".
3 § 2. Section 120.08 of the penal law, as amended by chapter 476 of the
4 laws of 2018, is amended to read as follows:
5 § 120.08 Assault on a peace officer, police officer, firefighter or
6 emergency medical services professional.
7 A person is guilty of assault on a peace officer, police officer,
8 firefighter or emergency medical services professional when, with intent
9 to prevent a peace officer, police officer, a firefighter, including a
10 firefighter acting as a paramedic or emergency medical technician admin-
11 istering first aid in the course of performance of duty as such fire-
12 fighter, or an emergency medical service paramedic or emergency medical
13 service technician, from performing a lawful duty, [he or she] such
14 person causes serious physical injury to such peace officer, police
15 officer, firefighter, paramedic or technician.
16 Assault on a peace officer, police officer, firefighter or emergency
17 medical services professional is a class [C] B felony.
18 § 3. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
19 penal law, paragraph (a) as amended by chapter 23 of the laws of 2024
20 and paragraph (b) as amended by chapter 94 of the laws of 2020, are
21 amended to read as follows:
22 (a) Class B violent felony offenses: an attempt to commit the class
23 A-I felonies of murder in the second degree as defined in section
24 125.25, kidnapping in the first degree as defined in section 135.25, and
25 arson in the first degree as defined in section 150.20; manslaughter in
26 the first degree as defined in section 125.20, aggravated manslaughter
27 in the first degree as defined in section 125.22, rape in the first
28 degree as defined in section 130.35, a crime formerly defined in section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13480-01-5
S. 8873 2
1 130.50, aggravated sexual abuse in the first degree as defined in
2 section 130.70, course of sexual conduct against a child in the first
3 degree as defined in section 130.75, assault in the first degree as
4 defined in section 120.10, kidnapping in the second degree as defined in
5 section 135.20, burglary in the first degree as defined in section
6 140.30, arson in the second degree as defined in section 150.15, robbery
7 in the first degree as defined in section 160.15, sex trafficking as
8 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
9 sex trafficking of a child as defined in section 230.34-a, incest in the
10 first degree as defined in section 255.27, criminal possession of a
11 weapon in the first degree as defined in section 265.04, criminal use of
12 a firearm in the first degree as defined in section 265.09, criminal
13 sale of a firearm in the first degree as defined in section 265.13,
14 aggravated assault upon a police officer or a peace officer as defined
15 in section 120.11, gang assault in the first degree as defined in
16 section 120.07, assault on a peace officer, police officer, firefighter
17 or emergency medical services professional as defined in section 120.08,
18 intimidating a victim or witness in the first degree as defined in
19 section 215.17, hindering prosecution of terrorism in the first degree
20 as defined in section 490.35, criminal possession of a chemical weapon
21 or biological weapon in the second degree as defined in section 490.40,
22 and criminal use of a chemical weapon or biological weapon in the third
23 degree as defined in section 490.47.
24 (b) Class C violent felony offenses: an attempt to commit any of the
25 class B felonies set forth in paragraph (a) of this subdivision; aggra-
26 vated criminally negligent homicide as defined in section 125.11, aggra-
27 vated manslaughter in the second degree as defined in section 125.21,
28 aggravated sexual abuse in the second degree as defined in section
29 130.67, [assault on a peace officer, police officer, firefighter or
30 emergency medical services professional as defined in section 120.08,]
31 assault on a judge as defined in section 120.09, gang assault in the
32 second degree as defined in section 120.06, strangulation in the first
33 degree as defined in section 121.13, aggravated strangulation as defined
34 in section 121.13-a, burglary in the second degree as defined in section
35 140.25, robbery in the second degree as defined in section 160.10, crim-
36 inal possession of a weapon in the second degree as defined in section
37 265.03, criminal use of a firearm in the second degree as defined in
38 section 265.08, criminal sale of a firearm in the second degree as
39 defined in section 265.12, criminal sale of a firearm with the aid of a
40 minor as defined in section 265.14, aggravated criminal possession of a
41 weapon as defined in section 265.19, soliciting or providing support for
42 an act of terrorism in the first degree as defined in section 490.15,
43 hindering prosecution of terrorism in the second degree as defined in
44 section 490.30, and criminal possession of a chemical weapon or biolog-
45 ical weapon in the third degree as defined in section 490.37.
46 § 4. This act shall take effect on the first of November next succeed-
47 ing the date upon which it shall have become a law.
